Town justices, court clerks continue to oppose district court

By Tom Rivers, Editor Posted 21 November 2023 at 12:25 pm

Referendum on issue could go to voters in November 2024

Photo by Tom Rivers: Murray Town Justice Ted Spada, shown in a May meeting, said a district court “would be a very poor business decision and would defy common sense.”

MURRAY – The town justices and court clerks at the town level have all signed a resolution saying they are opposed to a district court in Orleans County.

“There are currently 10 town justices courts in Orleans County that ensure the public’s access to local judges who know their towns and provide the most direct, informed and timely support to those in need of court services,” according to the resolution signed by the justices and court clerks.

A district court has been pushed by District Attorney Joe Cardone and Public Defender Joanne Best. The issue headed to a referendum for Nov. 7. But the County Legislature and local Board of Elections pulled it from the ballot in early August saying there wasn’t enough time to collect and present all the information to the public.

The town justices and court clerks say no “substantive information” has been made available or study done on the merits of a district court.

The resolution was dated Oct. 14 and signed by Albion town justices Gary Moore and Joe Fuller, Barre Town Justice Frederick Root, Carlton Town Justice Kevin Hurley, Clarendon Town Justice Thomas DiFante, Gaines Town Justice Charles Prentice, Kendall Town Justice Debra Kluth, Murray town justices Ted Spada and Gary Passarell, Ridgeway Town Justice Joseph Kujawa, Shelby Town Justice Edward Grabowski and Yates Town Justice Donald Grabowski.

The following town court clerks also signed the resolution: Denise Cornick and Jamie Allport of Albion, Maureen Beach of Barre, Kim Niehaus of Carlton, Joanne Major of Clarendon, Maureen Kline of Gaines, Jessica Maier and Laurie Koelle of Kendall, Jeanne Spada and Lindsay Fredenall of Murray, Stacy Sliker of Ridgeway and Yates, Vicki Allen and Patricia Feltz of Shelby.

“The Magistrate Association of Orleans County is opposed to any efforts to eliminate the local and convenient access to justice by our citizens and find that the Town Courts of Orleans County provide a meaningful and necessary presence within our community for judicial resolution of conflicts, continued public safety of our citizens, and the protection of constitutional guarantees for all of our citizens,” the resolution states.

County Legislator John Fitzak told the Murray Town Board on Monday evening the issue is expected to be picked up again in 2024, with two public hearings about the issue. He expects a detailed report about the pros and cons of a district court, and the financial implications.

He believes it will be on the ballot for a public referendum in November 2024.

There was a heated public hearing about the district court on July 19 with several town justices locally and from a statewide association opposing such a court in Orleans County, saying it would cost more and a district court judge would be less connected to the people.

Cardone and Best said a district court would be more accessible to the community with full-time business hours during the week, and justice would be dispensed more equally. Right now, they said the town justices often have different penalties for violations and crimes in the county.

Cardone and Best also have cited increasing complexities and frequent changes in state laws with the criminal justice system. Forming a consolidated district court could result in a more effective local court system, they said.

A more detailed study is expected to look at how the workload among the town justices and a district could be divvied up between town courts and district court. The committee also needs to look at a location for the court that would meet all the standards sets by the state Office of Court Administration.

There is a shortage of attorneys in the county for the public defender and district attorney’s office, Best has said. Having cases in one location, rather than 10, would make it much easier for the public defender and DA’s office to have attorneys for the proceedings, she said.

“This is about trying to make better use of the system,” she said in a previously interview. “Fewer attorneys would be needed. We would staff one court instead of 10.”